FAA Takes A Huge Step Toward Allowing Drone Flights In America

Today, the FAA announced the regulations that will allow routine use of small drones in America. The announcement was hastily arranged after Forbes revealed details about the regulations gleaned from an inadvertently published FAA document. Before becoming finalized, the rules must go through a comment period, during which the public will have an opportunity to weigh in on the rules. Congress required the FAA to create rules for small drones, technically called unmanned aircraft, by 2015.

The proposed rules closely track what we published yesterday, here is a brief summary of the highlights:

Drones must be under 55 pounds

Flights must take place during daylight hours

Flights must take place within visual line of sight of the operator

Operators may work with a visual observer, but the operator still must be able to maintain visual line of sight

The drone must be registered and aircraft markings are required

Operators must be 17 years old, pass an aeronautical knowledge test, hold an FAA UAS operator certificate, and pass a TSA background check

Aeronautical knowledge testing must be renewed every 24 months (no private pilot license or medical rating would be required)

Operators must ensure their aircraft is safe for flight, but there are no burdensome airworthiness standards or certification requirements (a preflight inspection conducted by the operator, checking communications links and equipment will be sufficient)

Operators must report an accident to the FAA within 10 days of any operation that results in injury or property damage

No operations are allowed in Class A (18,000 feet & above) airspace. Operations in Class B, C, D and E airspace are allowed with the required ATC permission, Operations in Class G airspace are allowed without ATC permission

The new rules will not apply to model aircraft if those operators continue to satisfy all of the criteria specified in Sec. 336 of Public Law 112-95, including the stipulation that they be operated only for hobby or recreational purposes

The proposed rule maintains the existing prohibition against operating in a careless or reckless manner. It also would bar an operator from allowing any object to be dropped from the UAS

The proposed rule also discusses a "micro UAS rule" (perhaps inspired by this) that will allow flights over people in Class G airspace. The FAA is seeking public comment on this proposed rule that will create a 4.4 pound and below classification for the smallest category of drones.

The new rule also proposes operating limitations designed to minimize risks to other aircraft and people and property on the ground:

The operator must always see and avoid manned aircraft. If there is a risk of collision, the drone operator must be the first to maneuver away

The operator must discontinue the flight when continuing would pose a hazard to other aircraft, people or property

The operator must assess weather conditions, airspace restrictions and the location of people to lessen risks if he or she loses control of the UAS

The drone may not fly over people, except those directly involved with the flight

The drone must operate below 500 feet altitude and no faster than 100 mph

Drones must stay out of airport flight paths and restricted airspace areas, and obey any FAA Temporary Flight Restrictions (TFRs)

Today, the President also issued an Executive Order for dealing with privacy issues, that order closely tracks what I outlined in this post and this post.

Greg McNeal is an expert on tech policy, Professor at Pepperdine University & co-founder of AirMap. SIGN UP for email updates here.

Professor Gregory S. McNeal, JD/PhD, is a Professor of Law and Public Policy at Pepperdine University. He is a nationally recognized commentator and a frequent keynote speaker about technology, law and policy.